Terms of service
Toon Collective Inc. DOB Toon Foods ("Company," "we," "us," "our") distributes and sells food products and related merchandise, and provides such products to you when you visit or shop on our website, or use software we provide in connection with any of the foregoing. Our food products are intended solely for personal consumption in Canada and we make no representations regarding compliance with regulations of other jurisdictions. These terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms and Conditions") govern your access to and use of, including any content or functionality, and apply to the purchase and sale of products offered on www.toonfoods.com (the "Website").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE WEBSITE OR BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MUST NOT USE OR ACCESS THIS WEBSITE OR ORDER PRODUCTS FROM THIS WEBSITE IF YOU: (I) DO NOT AGREE TO THESE TERMS AND CONDITIONS; (II) ARE NOT THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH THE COMPANY; OR (III) DO NOT MEET ANY OF THE FOREGOING ELIGIBILITY REQUIREMENTS.
We reserve the right in our sole and absolute discretion to revise and update these terms and conditions from time to time, with or without prior written notice, and such changes shall be immediately binding upon posting. Any and all such changes are effective immediately upon posting and apply to all access to and continued use of the Website or ordering of products from this Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. You should also carefully review our Privacy Policy, found at https://toonfoods.com/policies/privacy-policy, before placing an order for products or services through this Website.
Online Orders. You should review these Terms and Conditions carefully before purchasing any products that are available through the Website. Your online order constitutes an offer to purchase the products and/or services specified therein, subject to these Terms and Conditions. All orders are subject to our acceptance in our sole discretion, and we are not obligated to fulfill any order unless and until we have accepted it. We reserve the right to limit order quantities or refuse service to any customer. We reserve the right, at our sole discretion, to decline any order, including after a confirmation email with the order number and details has been sent.
Pricing, Payment Terms, and Food Safety.
Pricing. All prices, discounts, and promotions listed on our Website are subject to change without prior notice. Displayed prices do not include taxes or shipping and handling fees. You are responsible for paying all charges, including taxes and shipping fees.
Payment Terms. Terms of payment are within our sole and absolute discretion and are subject to change at any time without prior notice. We reserve the right to cancel or refuse any order if we suspect fraudulent activity, payment risk, or violation of these Terms and Conditions. Currently, we accept Visa, Mastercard, American Express, Discover, Apple Pay, Google Pay, Shop Pay, and PayPal for all purchases. By providing your payment information, you confirm that the information is true, correct, and complete, and that you are authorized to use the payment method.
Shipping and Food Safety During Transit. Unless specified otherwise in your order confirmation, you are responsible for all shipping and handling fees. Our food products are shipped in appropriate packaging to maintain food safety and quality during transit. However, shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or any consequential damages resulting from such delays. You acknowledge that certain food products may require refrigeration or immediate storage upon delivery. You agree to inspect all deliveries immediately upon receipt and reject or refuse delivery of any products that appear damaged, compromised, or spoiled. Any issues with product quality or safety must be reported to us within 24 hours of delivery with supporting documentation. Title and risk of loss pass to you upon delivery. You are responsible for proper handling and storage of food products after delivery, including maintaining appropriate temperature controls and following all storage instructions provided with the products.
Return Policy. Due to the perishable nature of food products, all sales are final unless products arrive damaged or spoiled, or are marked on our website as returnable if unopened. If products arrive damaged or spoiled, you must notify us within 24 hours of delivery by emailing info@toonfoods.com with your order number and photos documenting the condition. Eligible returns will be refunded to the original payment method. Non-food merchandise, or food products marked on our website as returnable if unopened, may be returned unopened within 14 days of purchase, subject to a restocking fee. Shipping and handling costs are non-refundable.
Goods Not for Resale or Commercial Food Service; Safe Handling. You represent, warrant, and covenant that your purchase of products from this Website is solely for personal consumption and you shall not resell, redistribute, or commercially exploit any products purchased from us and not for resale, export, or commercial food service operations. You agree to handle and store all food products in accordance with food safety guidelines and any specific storage instructions provided with the products. You acknowledge and accept that improper storage, handling, or consumption of food products can result in foodborne illness, allergic reactions, or other adverse effects, and you knowingly and voluntarily assume all risks, known and unknown, associated with the handling, storage, preparation and consumption of the products after delivery. You agree to follow all storage instructions, including maintaining proper refrigeration temperatures where required, observing "best by" dates, and following any preparation instructions provided. The Company shall not be liable for any illness, injury, damages, or losses whatsoever resulting from or relating to the storage, handling, preparation, or consumption of the products after delivery, regardless of whether storage or handling instructions were followed.
Disclaimer of Warranties.
THE WEBSITE, ITS CONTENTS, AND ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE WE TAKE REASONABLE PRECAUTIONS IN THE MANUFACTURING AND HANDLING OF OUR FOOD PRODUCTS IN ACCORDANCE WITH APPLICABLE FOOD SAFETY REGULATIONS AS INTERPRETED BY US IN OUR REASONABLE DISCRETION, WE MAKE NO WARRANTIES REGARDING THE SAFETY OR SUITABILITY OF OUR PRODUCTS FOR ANY PARTICULAR PERSON OR PURPOSE, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING ALLERGEN CONTENT, NUTRITIONAL CONTENT, OR DIETARY SUITABILITY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, OR ANY BREACH OF THESE TERMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
To the maximum extent permitted by applicable law, you irrevocably agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions.
Privacy. Our Privacy Policy outlines how we collect, use, and protect your personal information when you purchase products or services through our Website. By making a purchase, you consent to the processing of your personal data as described in our Privacy Policy.
Security. While our website uses HTTPS encryption as one measure to help protect the personal information you provide when using our site, you acknowledge that no method of electronic storage or transmission is 100% secure. This ensures that data entered by visitors is securely transmitted between your device and our website. Toon Foods is hosted on Shopify Inc., which uses industry-standard security protocols and safeguards to protect your personal information. You can review the Shopify privacy and security policies here: https://help.shopify.com/en/manual/privacy-and-security
However, please be aware that transmitting information over the Internet carries inherent risks, and we cannot guarantee absolute security. Any transmission of personal information is at your own risk. We are not responsible for any circumvention of privacy settings or security measures on the Website.
Intellectual Property and Logos. All content on this Website, including text, images, graphics, logos, videos, designs, and products, is owned by the Company or its content providers and is protected by intellectual property laws. The name "Toon Foods”, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are owned by us and may not be used without our written permission. You may use the Website and products for personal, non-commercial purposes only, and you agree not to reproduce, distribute, modify, create derivative works from, reverse engineer, decompile, disassemble, or publicly display any material, product, trademark, or intellectual property from the Website. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be subject to legal action.
No Reliance and Allergen Disclaimer. The content on our Website is for general informational purposes only and should not be considered medical or nutritional advice. While we provide ingredient lists and allergen information, we cannot guarantee that our products are free from trace amounts of any allergens due to shared manufacturing facilities and processes. If you have food allergies, sensitivities, dietary restrictions, or questions about your diet, health, or the use of our products, you MUST consult a healthcare professional before consuming our products. You acknowledge and agree that you are solely and exclusively responsible for reading and understanding all product labels, allergen warnings, and storage instructions before consumption, and for determining whether the products are suitable for your consumption based on your individual circumstances, allergies, and health conditions. You acknowledge that cross-contamination may occur and that the Company cannot guarantee that any product is completely free of any particular allergen. While we strive to keep our Website up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information on our Website or our products. Your use of our Website and consumption of our products is at your own risk. The Company, along with its affiliates, employees, service providers, and partners, expressly disclaims and shall not be responsible or liable for any allergic reactions, illness, injury, death, or other direct, indirect, incidental, consequential, special, exemplary or punitive damages of any kind that may arise from your use of the Website or consumption of our products, regardless of whether such damages were foreseeable.
Governing Law. All matters arising out of or relating to these Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction). You hereby irrevocably submit to the exclusive jurisdiction of the courts located in Toronto, Ontario for the adjudication of any dispute hereunder or in connection herewith.
Waivers. No failure or delay by the Company in exercising any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
No Third-Party Beneficiaries. These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person or entity other than you.
Severability. If any provision of these Terms and Conditions is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.
Entire Agreement. These Terms and Conditions, our Privacy Policy, our Return & Refund policy, our Shipping policy, and any other policies referenced herein constitute the sole and entire agreement between you and the Company and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter herein. No oral statements, advertisements, or other representations by Company employees or agents shall modify these Terms and Conditions.